A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On February 10, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on May 25, 2010.

2. Around August 13, 2008, the Defendant made a false statement to the victim E at the construction site of the Gangnam-gu Seoul Metropolitan Government D Building, stating that “At the present D Building Construction Work is being done, and the supply of windows is different.” The Defendant would immediately pay the price upon delivery of windows.

However, the Defendant had owned the F apartment in Seoul Special Metropolitan City at the time, but there was no collateral value equivalent to about 1.1 billion won in excess of the market price since the collateral security was established, and there was no intention or ability to pay the price even if the Defendant received the purchase from the victim because the amount of KRW 8.6 billion in bank loans and the interest liability on the loan amount of KRW 8.6 million in Korea and KRW 200 million in the amount of goods payment to the customer and KRW 150 million in the amount of goods payment to G and H.

Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim from August 14, 2008 to the same year.

9. The supply was made by April, 900,000 won in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. Statement to E by the police;

1. Complaint;

1. A certificate, a certified copy, a written estimate, a statement of accounts, and a certificate of delivery;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Determination of the Defendant’s assertion and sentencing regarding Article 62-2 of the Social Service Order Criminal Act, the Defendant has failed to receive any balance from the Defendant due to the delay of the victim’s creative supply and construction work due to the delay of construction work and defects.